Skip to main content
Roxanne Eberle

Roxanne Eberle’s Answers

21 total

  • My PIP allows $10K. Is it okay to ask insurance to pay me the difference between $10k and my med expenses?

    I hit a vehicle from behind, that vehicle hit the one in front of it and then I got rearended but another vehicle. Mostly my fault. I’ve being treated by a chiropractor for almost 3 months and going to settle my claim soon. My PIP allows $10K. Is ...

    Roxanne’s Answer

    If you're asking if it is OK to ask your own PIP insurer to pay you the amount that remains from your $10,000 policy after payment if your medical expenses, the answer is that you can ask, but they won't do it. The limit on your policy is actually $10,000 for "reasonable, necessary and related" medical expenses incurred within three years of the accident date. This means that they are only going to pay for the medical bills you incur. They won't give the the remaining policy amount.

    If you're asking if you should ask the at-fault driver's insurer for the difference between the $10,000 PIP and your medical bills as a settlement, that's an entirely different matter and I recommend you you have your case evaluated by a competent Personal Injury attorney before accepting any settlement from the insurance company of the at-fault driver.

    Good luck!

    See question 
  • I have a L&I claim in washington there a settlement for injury?

    I slipped and fell on wet floor at work, 07/08 i did the splits and hit my head on the floor! i am being treated by a chiropractor,physical therapy,orthopedic dr. due to constant numbness is my right arm and right leg, i have had mri on the neck a...

    Roxanne’s Answer

    You may get a more specific answer to your question if you post it under the "workers compensation" section of Avvo since your injury is primarily an "workers compensation" (L&I) issue. I believe whether L&I will give you a settlement for injury depends on the severity and permanence of your injury. I recommend that you consult with a workers compensation attorney about your case before settling anything though to be sure that you are getting what you are entitled to.

    See question 
  • Preparing to modify parenting plan. Can I limit my ex-spouse's new partner from contacting me regarding kids or other matters?

    My former spouse is very abusive towards me. I have a protection order against him. The woman he had an affair with has remained with him, and she is also very hostile towards me. Children's counselor has described them as extreme narcassists. ...

    Roxanne’s Answer

    Yes, you can request the court limit the new partner's ability to communicate with you, especially since abusive communication is detrimental to the children. You may also want to include a declaration from your counselor.

    I also think you should seriously consider having an attorney help you with your modification of the parenting plan. Sometimes in family law cases, the legal case itself just becomes another avenue for the abuser to be abusive. Having an attorney acting for you would help cushion this potential harm.

    Good luck in your case.

    See question 
  • What happens to my 12 year old sister when our Mother passes away?

    My Mother is in her last stages of lung cancer. She does not have a current will. She has 4 children. A son who is 30, a daughter who is 20 (they both live on their own), a daughter who is 12 (her biological father has already passed away) and ...

    Roxanne’s Answer

    I am sorry that your mother is so ill.

    It sounds like your mom is still lucid and thinking straight despite her serious illness. If so, it is not too late for her to make a will and to have it signed and witnessed in the her home, the hospital or hospice, wherever she is currently receiving care. The important thing is that you rmother must be of "sound mind" when signing a will or it may be declared invalid. This also means not under the influence of too many pain killers.

    If your mother does pass away before you can get a will made, it is likely that a court will determine where your 12 year old sister should reside. if your mother has a preference that you raise your sister, it may be taken into account if she has documented it. However, the court will make the decision based on the "best interests of the child."

    However, custody battles can be hard on children, and certainly very hard on a family who has just lost their mother. My advice is that you contact an attorney immediately and see what you can do to help your mother get her will done before it is too late.

    See question 
  • Summons-Complaint 20 day response timeline

    My son who is 21 was served a Summon-Complaint which was actually for me. He forgot to give it to me and left it in his car until he 22 days after it was served. We live in Washington State inTacoma and wold like to know how should I handle respo...

    Roxanne’s Answer

    Mr. Alexander is correct that you should rush to file a "Notice of Appearance" at the courthouse and then get your "Answer" filed ASAP.

    The fact that you are over the 20 day deadline does not give the other side a "default judgment" against you automatically. Therefore, getting those two documents filed should protect you.

    While you are at the courthouse, check the court file and make sure that the other side has not already filed a "Motion for Default" before you got your "Notice of Appearance" filed. If they did get their motion filed already, then still file the two documents above-mentioned, but also respond to the Motion.

    You have this question listed in debt collection so I am assuming it is not for an auto accident or any other case where an insurance company would be under an obligation to give you an attorney. If it is for an insured auto accident, also call your insurance company. If not, you may want to seek the advice of an attorney on how to deal with this debt collection so you don't end up owing thousands of dollars more than you should simply because the other side has you out-gunned.

    See question 
  • I need to know my rights with an insurance company trying to collect money from me

    I was in a minor accident in a parking lot at Wal Mart me and the other driver was found both at fault, at the time I had no insurance now the other drivers insurance company is trying to make me pay for full damage to the other drivers car. I ne...

    Roxanne’s Answer

    As the first two attorneys said, you aren't technically liable until a court finds you so.

    However, because having a judgment against you can affect your credit score, you may want to work out a solution with the insurance company before they file a lawsuit against you.

    If you caused the accident, you would be responsible to the damage caused to the other person's car (the amount to repair it to the condition it was in when you hit it) and for reasonable and necessary medical expenses if they were injured.

    Many insurance companies will work out a deal with you to accept monthly payments to repay this debt to them. If they are demanding money from you now, I would call them and ask if you can work out a payment plan.

    Otherwise, they can sue you for the money, get a judgment and collect it from you anyway (unless you are forced into bankruptcy).

    Paying $150-200 to consult with an attorney over this matter may be a good idea so you don't end up repaying the insurance company a dime more than they are truly owed.

    See question 
  • A friend got into a car accident with my car w/o liability car insurance in WA. The friend admits & accepts blame. (read more)

    The friend said he would pay for all damages and give me a written statement saying so, but I am the one about to be taken to civil court for the damages b/c I am the owner of the vehicle w/o liability insurance & unless I am able to receive a civ...

    Roxanne’s Answer

    • Selected as best answer

    The other attorneys who have responded previously state you should contact your insurer, but I understand from your question that your car is "w/o" (without) insurance.

    In the case that you are uninsured, you will have to defend yourself because no insurer has a duty to provide you with an attorney.

    In order to be responsible for a civil tort such as an auto accident, you typically have to have done or not done some action "negligently." Negligence means that you had a duty to act in a particular manner and you did not. In this case, the other party cannot allege that you were driving negligently since the your friend was driving. Therefore, they typically will need to sue your friend who was driving instead.

    If they do sue you directly, however, you should promptly respond to the Summons & Complaint in writing and file a copy at the courthouse (This is called your "Answer"), denying any negligence on your part. Look at examples of other Answers in the court files - you typically "admit" or "deny" each paragraph in the Complaint according to what is true and accurate.

    The one area that may be sticky for you, which I am not familiar with and can't advise you specifically, is Washington's Financial Responsibility laws. You should check that out to see if you can become responsible for your friend's negligence under those laws (which I doubt, but you still need to check.). A little google research may answer this question for you.

    One possible solution is to hire an attorney for yourself just to contact the other party's attorney to try to work out a solution before a lawsuit is filed against you. You can probably find an attorney for $150 to $200 per hour and it shouldn't take more than two hours to get up to speed on facts and communicate with the other party's attorney. If the other side understands that you will simply bankrupt any judgment they obtain against you, they may be more willing to work out a solution such as your friend making monthly payments towards the damage.

    I understand that you are in a financial pinch being between jobs, etc. If you honestly cannot afford to put even the mandatory liability insurance on your car, then at least don't let other people borrow it and keep it off the road as much as possible to minimize the potential for harm.

    Finally, do some research and see if you can find some low cost legal aid ("civil legal aid") to help you deal with these matters. The county bar association or county courthouse may have information about low cost services who may be able to give you some advice. Catholic Community Charities sometimes has attorneys volunteer to give legal advice. If you can find one of these to assist you, they may be able to review your paperwork before you take it to the courthouse or guide you through the legal process.

    Good luck.

    See question 
  • Landlocked WA Property

    I'm looking at a landlocked property. Does WA state recognize the right to an access easement?

    Roxanne’s Answer

    The law tends to favor a property owner of a landlocked parcel. However, if you are "looking at a landlocked property" for purchase, you should find out whether you can get an "easement by necessity" before you put a contract down or buy the property.

    A "easement by necessity" typically requires that the property was part of common ownership with another parcel by which it had access before the properties were split, and that the land is truly landlocked with no other land-based access.

    If you are in doubt, consult a Property attorney to determine this parcel's status before buying it.

    See question 
  • Do I need an immigration lawyer?

    Is a Temporary Restraining Order issued 2 years ago for "verbal abuse" going to affect our petition for my spouse to come from Manila? I have no arrest ever. I have no history of anything domestic, ever. Will this TRO effect their decision?

    Roxanne’s Answer

    Because immigration is such a detailed and specific area of law, I do recommend consulting with an immigration attorney in your case. I know of a few immigration attorneys who offer one-hour consultations for $150. It certainly would be worth it for the peace of mind.

    See question 
  • Help for pro se: Need to know a definition of phrase, and where I could look up legal terms, phrases, and other need-to-knows

    " Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;" is the phrase I need to understand.

    Roxanne’s Answer

    Washington's Pattern Jury Instructions are often very helpful in defining the elements a legal case. Washington's Pattern Jury Instructions are free through April 2010 at this website: I don't know what you're needing to define "fraud" or other items for, but both criminal and civil instructions are available. Each sets forth the burden of proof, what you need to prove, etc.

    See question